Memoranda, Affidavits and Declarations
- Copies of any submissions to the court (correspondence, memoranda of law, case law, and so forth) should be provided simultaneously to opposing counsel by substantially the same method of delivery by which they are provided to the court. For example, if a memorandum of law is hand-delivered to the court, a copy should be hand-delivered or faxed to opposing counsel at the same time. If asked by the court to prepare an order, counsel should furnish a copy of the order, and any transmitted letter, to opposing counsel when the material is submitted to the court. Sending an additional copy by electronic mail also is encouraged, if possible.
- Papers, including memoranda of law, should not be served at court appearances unless the proponent agrees to give opposing counsel reasonable time including memoranda of law, are served before a court appearance, those papers should not be served so close in time to the court appearance as to inhibit the ability of opposing counsel to prepare for that appearance or to respond to the papers.
- Neither written submissions nor oralpresentations should disparage the intelligence, ethics, morals, integrity or personal behavior of one’s adversaries, unless those characteristics or actions are directly and necessarily in issue.